If OWOX does not meet the Service Level Objective, and if Customer meets its obligations under this SLA, Customer will be eligible to receive the Financial Credits described below. This SLA states Customer's sole and exclusive remedy for any failure by OWOX to meet the SLO.

Definitions

"Downtime" means more than a five percent of valid hits that result in no data saved to BigQuery. Downtime is measured based on server side Error Rate.

"Downtime Period" means a period of ten consecutive minutes of Downtime. Intermittent Downtime for a period of less than ten consecutive minutes will not be counted towards any Downtime Periods.

"Error Rate" means the number of hits that result in no data saved to Google BigQuery divided by the total number of hits during that period.

"Financial Credit" means the following:

Monthly Uptime Percentage

Percentage of invoice for OWOX BI services that will be credited to Customer's future invoices

90% - <96%

10%

80% - <90%

25%

<80%

50%

"Monthly Uptime Percentage" means a total number of minutes in a month, minus the number of minutes of Downtime suffered from all Downtime Periods in a month, divided by the total number of minutes in a month.

"Valid Requests" are requests that conform to the Documentation, and that would normally be processed and saved to Google BigQuery without an error.

Customer Must Request Financial Credit

In order to receive any of the Financial Credits described above, Customer must notify OWOX support within thirty days from the time Customer becomes eligible to receive a Financial Credit. Customer must also provide OWOX with log files showing loss of hits streamed to Google BigQuery and the date and time those losses occurred. If Customer does not comply with these requirements, Customer will forfeit its right to receive a Financial Credit. If a dispute arises with respect to this SLA, OWOX will make a determination in good faith based on its system logs, monitoring reports, configuration records, and other available information.

Maximum Financial Credit

The maximum aggregate number of Financial Credits issued by OWOX to Customer for all Downtime Periods in a single billing period will not exceed 50% of the amount due from Customer for OWOX BI service for the applicable period. Financial Credits will be in the form of a monetary credit applied to future use of OWOX BI service and will be applied within 60 days after the Financial Credit was requested.

SLA Exclusions

The SLA does not apply to any errors: (i) caused by factors outside of OWOX’s reasonable control; (ii) that resulted from Customer’s software or hardware or third party software or hardware, or both; (iii) that resulted from abuses or other behaviors that violate the Terms Agreement; or (iv) that resulted from quotas applied by the OWOX BI service.